LEGAL MENTALITY AS A COMPONENT OF JUSTICE: FEATURES OF FORMATION AND DEVELOPMENT IN UKRAINE
Journal Title: Право та інновації - Year 2018, Vol 3, Issue 23
Abstract
Problem setting. The relevance of the research questions of development of legal mentality in our country is due to the constant search for the young independent state of the optimal model of building a socio-political system, taking into account national characteristics. Analysis of resent researches and publications. Various aspects of mentality are devoted to numerous works in the field of anthropology, sociology, political science, cultural studies, ethnopsychology. Individual approaches to understanding the nature of legal mentality, its functions have been investigated in the works of scholars such as R. S. Bainiazov, L. Boyko, S. Zhdanenko, B. Kowalski, M. I. Kozyubra, A. M. Kolodiy, D. V. Menyailo, A. Yu. Mordovtsev, Yu. M. Oborotov, O. I., Ovchinnikov, S. S. Pavlov, V. Pavlovskaya-Kravchuk, L. I. Petrazhitsky, P. M. Rabinovich, O. F. Skakun, G. Tellenbach, N. Khlystov and other researchers. Article’s main body. Having appeared recently, the concept of "legal mentality" today occupies a leading place among the basic categories of legal Sciences and, above all, the theory of state and law. The legal mentality is a category which is the methodological value connected with an exit of studying of legal culture from the narrow state-legislative sphere in wider sphere of the positive legal phenomena. Conclusions and prospects for the development. Consequently, the study of the legal mentality would allow to carry out more effective and rational legislative and law enforcement activities, as a result-to enrich the legal culture, which largely reflected justice, equality, humanity. Based on the above, we can draw such basic conclusions. First, the legal mentality is a multifaceted phenomenon, which is studied by various Sciences. At present, there is no unity in approaches to understanding its legal nature, and the conceptual foundations of its formation and development are still at an early stage. Secondly, the peculiarities of the Ukrainian mentality are closely linked with the history of formation and development of Ukrainian statehood, and in turn affect the principles of state and law today.
Authors and Affiliations
M. E. Cherkas
Keywords
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